Criminal Justice (Probation & Parole)

Amends the Unified Code of Corrections. Provides that notwithstanding any prior exclusion, any person incarcerated under an indeterminate sentence on the effective date of the amendatory Act whose minimum term was 20 years or more as of February 1, 1978, may elect to be resentenced under the 1978 determinate sentencing law. Provides that the election must be made in writing to the Department of Corrections, which shall inform all eligible persons within 60 days after the effective date of the amendatory Act. Provides that the Department of Corrections shall provide all necessary forms and assistance to eligible persons. Provides that upon election, the person's indeterminate sentence shall be converted to a determinate sentence consistent with the 1978 sentencing structure and the offense for which the person was convicted. Provides that time served shall be applied retroactively, and the person shall be credited with all sentence credits and earned time applicable under the law in effect since the date of original commitment. Provides that any person whose recalculated determinate sentence has been fully served shall be immediately released to a mandatory supervised release term under the terms applicable to the offense class and sentence length at the time of original sentencing. Provides that the Prisoner Review Board shall schedule hearings for eligible persons who elect the option within 180 days after receiving their request. Provides that thereafter, continued review shall occur no less frequently than every 12 months, unless earlier action is deemed by the Board to be appropriate. Provides that nothing in the provision shall be construed to require parole or mandatory supervised release for any person who does not elect the option, or who is otherwise ineligible. Effective immediately.

Amends the Unified Code of Corrections. Provides that notwithstanding any prior exclusion, any person incarcerated under an indeterminate sentence on the effective date of the amendatory Act whose minimum term was 20 years or more as of February 1, 1978, may elect to be resentenced under the 1978 determinate sentencing law. Provides that the election must be made in writing to the Department of Corrections, which shall inform all eligible persons within 60 days after the effective date of the amendatory Act. Provides that the Department of Corrections shall provide all necessary forms and assistance to eligible persons. Provides that upon election, the person's indeterminate sentence shall be converted to a determinate sentence consistent with the 1978 sentencing structure and the offense for which the person was convicted. Provides that time served shall be applied retroactively, and the person shall be credited with all sentence credits and earned time applicable under the law in effect since the date of original commitment. Provides that any person whose recalculated determinate sentence has been fully served shall be immediately released to a mandatory supervised release term under the terms applicable to the offense class and sentence length at the time of original sentencing. Provides that the Prisoner Review Board shall schedule hearings for eligible persons who elect the option within 180 days after receiving their request. Provides that thereafter, continued review shall occur no less frequently than every 12 months, unless earlier action is deemed by the Board to be appropriate. Provides that nothing in the provision shall be construed to require parole or mandatory supervised release for any person who does not elect the option, or who is otherwise ineligible. Effective immediately.

Amends the Unified Code of Corrections. In the provision concerning parole review of persons under the age of 21 at the time of the commission of an offense, provides that any date after serving the minimum term of years to become eligible for parole review or up to 3 years prior to becoming eligible for parole review, the eligible person may file his or her petition for parole review with the Prisoner Review Board. Provides that within 30 days of receipt of this petition, the Prisoner Review Board shall determine whether the petition is appropriately filed, and if so, shall set a date for parole review 3 years from receipt of the petition or the date the person is eligible for parole review, whichever date is sooner, and notify the Department of Corrections within 10 business days. Provides that in no such circumstance shall the hearing be scheduled sooner than one year from the date of the determination that the petition is appropriately filed.

Amends the Unified Code of Corrections. Provides that, upon the release of a committed person on parole, mandatory supervised release, final discharge, or pardon, the Department of Corrections shall provide the person with resources to acclimate the person to life outside the correctional institution or facility, including access to social workers, clinical psychologists, and other counselors. Provides that the counselors shall assist the person in obtaining housing, employment, education, healthcare, State identification, and other resources that the counselors deem necessary to assist in the person's adjustment to society and the prevention of recidivism. Provides that the Department of Human Services, in consultation with the Department of Corrections, shall provide assistance to the person to achieve the goals of this provision without interference from the person's assigned parole officer.

Amends the Court of Claims Act. Provides that the Court of Claims has exclusive jurisdiction to hear all claims against the State for time unjustly served in State prisons, in county jails, in county juvenile detention facilities, or in Illinois Youth Centers, on parole or probation, or registered as a sex offender if the person was unjustly convicted or adjudicated a delinquent and received a pardon from the Governor on the ground of innocence of the crime for which the person was convicted or adjudicated a delinquent or the person received a certificate of innocence. Removes language providing the amount of the award the court may give for a successful claim. Provides instead that the court shall make an award of $50,000 per year during which the person was wrongfully incarcerated and $25,000 for each year during which the person was wrongfully on parole or probation or required to register as a sex offender. Provides that the changes made by the amendatory Act apply to claims pending or filed on or after the effective date of the amendatory Act. Amends the Code of Civil Procedure. Allows any person who is convicted or adjudicated a delinquent and then serves any part of a sentence of incarceration in a State prison, in a county jail, in a county juvenile detention facility, or in a Illinois Youth Center, on parole or probation, or registered as a sex offender (rather than convicted and subsequently imprisoned) for one or more felonies by the State that the person did not commit may file a petition for certificate of innocence. Requires the court to make an award of reasonable attorney's fees, costs, and expenses after awarding a certificate of innocence. Provides that any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred before the effective date of the amendatory Act shall file a petition within 4 years after the effective date of the amendatory Act, and any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred on or after the effective date of the amendatory Act shall file a petition within 2 years after the dismissal or acquittal. Effective immediately.

Amends the Court of Claims Act. Provides that the Court of Claims has exclusive jurisdiction to hear all claims against the State for time unjustly served in State prisons, in county jails, on parole, on intensive supervised probation, or registered as a sex offender if the person was unjustly convicted and received a pardon from the Governor on the ground of innocence of the crime for which the person was convicted or the person received a certificate of innocence. Removes language providing the amount of the award the court may give for a successful claim. Provides instead that the court shall make an award of $50,000 per year during which the person was wrongfully incarcerated and $25,000 for each year during which the person was wrongfully on parole, wrongfully on intensive supervised probation, or wrongfully required to register as a sex offender. Provides that the changes made by the amendatory Act apply to claims pending or filed on or after the effective date of the amendatory Act. Amends the Code of Civil Procedure. Allows any person who is convicted or adjudicated a delinquent and then serves any part of a sentence of incarceration in a State prison, in a county jail, on parole, on intensive supervised probation, or registered as a sex offender (rather than convicted and subsequently imprisoned) for one or more felonies by the State that the person did not commit may file a petition for certificate of innocence. Requires the court to make an award of reasonable attorney's fees, costs, and expenses after awarding a certificate of innocence. Provides that any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred before the effective date of the amendatory Act shall file a petition within 4 years after the effective date of the amendatory Act, and any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred on or after the effective date of the amendatory Act shall file a petition within 2 years after the dismissal or acquittal. Effective immediately.

Amends the Unified Code of Corrections. Provides that a committed person who has attained the age of 55 years and served at least 25 consecutive years of incarceration, excluding any person sentenced to natural life imprisonment for a Class X felony violation of criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child, shall be eligible to submit a petition to the Prisoner Review Board seeking parole. Specifies factors that the Board must consider as shown by the petition or as shown at the hearing. Provides that victims and victims' families shall be notified in a timely manner and be provided the opportunity to participate at the parole hearing concerning the petitioner's application for parole under this provision in accordance with the Rights of Crime Victims and Witnesses Act, the Open Parole Hearings Act, and this provision. Provides that Prisoner Review Board hearings under this provision shall be conducted by a panel of at least 3 members of the Board and a majority vote of the panel is required to grant the petition and release the petitioner on parole. Provides that the Board shall render its decision within a reasonable time after the hearing. Provides that when the panel votes to deny parole, a rationale shall be prepared by at least one member of the panel that states the basis for the denial, including the primary factors considered. Provides that in its decision, the Board shall set the person's time for parole or if it denies parole, it shall provide for a rehearing no later than 3 years after denial of parole. Provides that this provision applies retroactively to all persons serving any sentence that was or is imposed before, on, or after the effective date of the amendatory Act, and the period of incarceration for eligibility of each such person to submit a petition for parole is based on all previous consecutive years of incarceration served by that person before, on, and after the effective date of the amendatory Act.

Amends the Unified Code of Corrections. Provides that notwithstanding anything to the contrary in specified provisions of law, a person serving a term of imprisonment, including terms of natural life, in a Department of Corrections institution or facility is eligible for earned reentry. Provides that for the first year following the effective date of the amendatory Act, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 35 consecutive years. Provides that for the second year following the effective date of the amendatory Act, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 25 consecutive years. Provides that for the third year following the effective date of the amendatory Act and each year thereafter, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 20 consecutive years. Provides that hearings for earned reentry shall be administered by the Prisoner Review Board. Establishes procedures for the hearing. Removes provision that no person serving a term of natural life imprisonment may be paroled or released except through executive clemency. Provides that if any incarcerated person is released on earned reentry, his or her sentence shall be considered complete after the term of mandatory supervised release. Applies retroactively. Provides that nothing in the provision shall be construed to delay parole or mandatory supervised release consideration for petitioners who are or will be eligible for release earlier than the provision provides. Provides that nothing in the provision shall be construed as a limit, substitution, or bar on a person's right to sentencing relief, or any other manner of relief, obtained by order of a court in proceedings other than as provided in the provision. Contains a severability provision. Defines "earned reentry". Effective January 1, 2026.

Amends the Unified Code of Corrections. Provides within 24 hours of admission to a correctional institution or facility of the Department of Corrections, each committed person shall be screened for substance use disorders as part of an initial and ongoing substance use screening and assessment process. Provides that this process includes screening and assessment for opioid use disorders. Provides that if at any time a committed person screens positive as having or being at risk for an opioid use disorder, is diagnosed with an opioid use disorder or is exhibiting symptoms of withdrawal from an opioid use disorder, and medication assisted treatment is clinically indicated by a licensed physician, a licensed physician assistant, or a licensed nurse practitioner, then the individual may consent to commence medications for opioid use disorder, which shall be provided by the Department. Provides that the committed person shall be authorized to receive the medication immediately and for as long as clinically indicated. Provides that upon reentry, the Department shall provide an individual participating in medication assisted treatment with a referral to a community-based provider who may assist the individual with continued medications for opioid use disorder and medication assisted treatment care.

Amends the Criminal Code of 2012. Provides for enhanced penalties for hate crime. Provides that hate crime is: (1) a Class 1 felony if committed by a person 18 years of age or older while armed with a firearm or if the victim of the hate crime is under 18 years of age; (2) a Class X felony if a crime of violence as defined in the Crime Victims Compensation Act is committed against a person by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of another individual or group of individuals; or (3) a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 15 years and not more than 60 years if a crime of violence that is a Class X felony is committed against a victim described in (2). Amends the Unified Code of Corrections. Provides that a person who commits any of these offenses is ineligible for a period of probation, a term of periodic imprisonment or conditional discharge. Provides that a prisoner serving sentence for the offenses described in (2) or (3) shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides if the underlying offense was first degree murder committed against a person by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of the victim or victims, the court may impose a term of natural life imprisonment upon the offender.